Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An application may be made to the FWC for a secret postal ballot to be held, to decide whether a constituent part of an amalgamated organisation should withdraw from the organisation, if:
(a) the constituent part became part of the organisation as a result of an amalgamation under Part 2; and
(b) the amalgamation occurred no less than 2 years prior to the date of the application; and
(c) the application is made before the period of 5 years after the amalgamation occurred has elapsed.
(2) However, an application cannot be made if:
(a) during the last 12 months, the FWC has rejected an application for a ballot to be held in relation to the constituent part of the organisation; or
(b) a ballot was held that rejected the withdrawal of the constituent part.
(3) The application may be made by:
(a) the prescribed number of constituent members; or
(aa) a person authorised to make the application by the prescribed number of constituent members; or
(b) a committee of management elected entirely or substantially by the constituent members, whether by a direct voting system or a collegiate electoral system; or
(c) if the application relates to a separately identifiable constituent part--the committee of management of that part; or
(d) a person who is:
(i) either a constituent member or a member of a committee of management referred to in paragraph (b) or (c); and
(ii) authorised to make the application by a committee of management referred to in paragraph (b) or (c).
(4) The application must be in the prescribed form and must contain such information as is prescribed.
(5) A constituent member of an amalgamated organisation who is not a financial member is taken not to be a constituent member for the purposes of subsection (3).
(6) The regulations may prescribe the manner in which an authorisation for the purposes of paragraph (3)(aa) and subparagraph (3)(d)(ii) must be made.